The Trump administration has confirmed that the Department of Homeland Security (DHS) is conducting a criminal investigation into Rep. Ilhan Omar’s 2009 marriage to Ahmed Nur Said Elmi. The inquiry stems from longstanding claims that Omar married her brother to obtain U.S. citizenship, a charge she has repeatedly denied.
Legal hurdles for prosecutors
Former federal prosecutor and immigration attorney Michael Wildes told Fox News Digital that investigators must meet a “very high bar” to prove marriage fraud. Under federal law, prosecutors must demonstrate beyond a reasonable doubt that Omar knowingly entered the marriage with the primary purpose of evading immigration laws and securing a benefit.
Wildes emphasized that even if the couple later decided the marriage could facilitate Elmi’s immigration process, such a motive would not automatically constitute fraud. “Those are very high bars and thresholds that they would have to surmount,” he said. “The immigration benefit cannot be a byproduct, or secondary consideration. This is not deemed to be illegal.”
Potential penalties
If a court were to find Omar guilty of marriage fraud, she could face up to five years in prison and a maximum fine of $250,000. Wildes also noted that statutes of limitation may affect the case, as the marriage occurred in 2009, but a denaturalization pathway still exists.
Denaturalization considerations
Beyond the marriage allegation, officials are also reviewing Omar’s naturalization record from 2000. Omar has said she received automatic citizenship as a minor when her father was naturalized. Congressional records show she became a citizen at age 17, but speculation about her exact age has circulated after former Minnesota congressional candidate AJ Kern questioned the accuracy of her birth year on the state’s Legislative Reference Library website.
Wildes explained that the government evaluates each denaturalization case individually, weighing whether any false statements were intentional or merely inadvertent. “If the government were to prosecute for document fraud, we would also want to know whether or not she was represented by counsel, and if there were simple mistakes on her application or inadvertences that may be deemed to be fraudulent,” he said.
Administration’s stance
President Trump has long criticized Rep. Omar, calling her a vocal opponent of his policies. Vice President JD Vance recently asserted that the Department of Justice is investigating Omar for alleged fraud and immigration violations. White House border czar Tom Homan described the DHS investigation as “very serious” and emphasized the need for solid evidence before any action is taken.
Wildes cautioned that the lack of public knowledge about the investigation does not affect its legitimacy. “The Congresswoman’s not being aware doesn’t change anything,” he said. “There is no obligation for the government to show their hand, and they will want to ensure they have a strong prosecution before proceeding.”
Omar’s response
Omar told Fox News Digital she has not been contacted by DHS and is not worried, stating, “the right wing always had this s— going.” She denied any wrongdoing and said she has not received any official notice of an investigation.
Neither Rep. Omar nor DHS responded to requests for comment.
Original reporting: Fox News (HLL/CB) — read the source article.
